By Oupa Baloyi, Director | July 2026
The Constitutional Court recently handed down a landmark ruling that clarifies how customary and civil marriages affect property ownership in South Africa. The judgment has significant implications for married couples, conveyancers, and anyone buying or selling property.
What the Court Decided
The Constitutional Court ruled that spouses in polygamous customary marriages must be treated equally when it comes to property rights. The court found that section 7(1) of the Recognition of Customary Marriages Act was unconstitutional because it discriminated against women in polygamous marriages concluded before the Act came into force.
This means that wives in pre-Act polygamous customary marriages now have the same property rights as wives in marriages concluded after the Act. The ruling affects thousands of families across South Africa and changes how conveyancers must approach property transactions involving customary marriages.
What This Means for Property Transactions
For conveyancers and property practitioners, this ruling has practical consequences. When a property is being sold and the seller is in a customary marriage, it is now essential to verify the matrimonial property regime and obtain consent from all spouses who may have a legal interest in the property.
Under the Matrimonial Property Act, spouses married in community of property need written consent from each other for property transactions. With this ruling, the same protections now extend more broadly to customary marriages, regardless of when they were concluded.
What Buyers and Sellers Should Do
If you are married under customary law and planning to buy or sell property, speak to a conveyancer about your specific marital regime. If you were married before the Recognition of Customary Marriages Act came into effect in 2000, your property rights may have changed as a result of this ruling.
At OM Baloyi Inc, we help clients navigate these complex legal changes. Our conveyancing team ensures that all marital consent requirements are properly addressed before any property transfer is lodged at the Deeds Office.
How We Can Help
OM Baloyi Inc offers expert conveyancing services across South Africa. Whether you are buying, selling, or need advice on how changes in family law affect your property rights, our team is here to help. Contact us at 087 265 1059, email info@ombaloyi.co.za, or visit www.ombaloyi.co.za.
Disclaimer: This article is for general information purposes only and does not constitute legal advice.